In a bail application arising from a criminal case, the single judge held that the prayer was not maintainable as bail had been cancelled by the Supreme Court, citing Kalyan Chandra Sarkar vs. Rajesh Ranjan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3085 of 2020
Arising Out of PS. Case No.-147 Year-2016 Thana- MASHRAK District- Saran
======================================================
Bhikhar Rai @ Bhikhari Rai Son of Late Haricharan Rai Resident of VillageMathiya, Kawalpura, P.S.- Mashrak, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 10-06-2020 This matter has been taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/323/341/307/504/506 of the Indian Penal Code and Section 27 of the Arms Act in connection with Mashrak P.S. Case No. 147 of 2016. Later on offence under Section 302 of the Indian Penal Code was added.
It appears that bail granted to the petitioner by order dated 27.06.2018 passed in Cr. Misc. No.28882 of 2018 in connection with Mashrak P.S. Case No.147 of 2016 was challenged by the informant before the Hon’ble Supreme Court in Cr. Appeal No.1535 of 2019 and the Hon’ble Supreme Court was pleased to cancel the bail of the petitioner and directed him to surrender forthwith by order dated
Patna High Court CR. MISC. No.3085 of 2020(2) dt.10-06-2020 2/2
04.10.2019.
Since bail has been cancelled by the Hon’ble Supreme Court, this prayer for bail is not maintainable before this Court in view of the judgment of the Hon’ble Supreme Court passed in Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav reported in (2004) 7 SCC 528.
Hence, this application stands disposed of.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether a bail prayer is maintainable in this Court after bail has been cancelled by the Hon'ble Supreme Court.
Whether the judgment in Kalyan Chandra Sarkar Vs. Rajesh Ranjan makes such a prayer non-maintainable.
Colour shows how this judgement treated each authority
Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav (2004) 7 SCC 528Referred¶16
4 provisions across 3 enactments
Bhikhar Rai @ Bhikhari Rai
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
